Council Regulation (EU) No 493/2010 of 7 June 2010 amending Regulation (EC) No 234/2004 concerning certain restrictive measures in respect of Liberia

Regulation (EC) No 234/2004 is hereby amended as follows:

1. Article 1 is replaced by the following:

   For the purposes of this Regulation, the following definitions shall apply:

   1. “technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services. Technical assistance includes verbal forms of assistance;

   2. “Sanctions Committee” means the Committee established by paragraph 21 of UN Security Council Resolution 1521 (2003).’;

2. Article 2 is replaced by the following:

   It shall be prohibited:

   1. to provide technical assistance related to military activities, including to the provision, manufacture, maintenance and use of arms and of related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to any non-governmental person, entity or body in or for use in Liberia;

   2. to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, directly or indirectly to any non-governmental person, entity or body in or for use in Liberia; or

   3. to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).’;

3. Article 3 is replaced by the following:

   1.

   By way of derogation from Article 2, the competent authorities, as indicated in the websites listed in Annex I, in the Member State where the service provider is established, may authorise the provision of:

   1. technical assistance intended solely for support of or use by the United Nations Mission in Liberia; or

   2. technical assistance related to non-lethal equipment which is intended solely for humanitarian or protective use, provided that the Member State concerned has notified in advance the provision of such technical assistance to the Sanctions Committee. Such notifications shall contain all relevant information, including, where appropriate, the end-user, the proposed date of delivery and the itinerary of shipments.

   2.

   Decisions on requests for authorisation shall be taken by competent authorities on a case-by-case basis, taking account of all relevant considerations including the criteria set out in the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment^(*). Competent authorities shall require safeguards against misuse of such authorisations and shall, where appropriate, make provisions for the repatriation of the delivered arms and related materiel.

   3.

   No authorisations shall be granted for activities that have already taken place.

4. Article 4 is replaced by the following:

   Natural and legal persons, entities and bodies that intend to provide any assistance related to military activities to the Government of Liberia, as specified in Article 1, shall inform in advance the competent authority, as indicated in the websites listed in Annex I, in the Member State where they are resident or located. Such information shall contain all relevant information, including, where appropriate, the end-user, the proposed date of delivery and the itinerary of shipments. The Member State concerned shall immediately upon receipt of the relevant information notify the Sanctions Committee thereof.’.

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.